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Law: Cases/Statutes

The New York Times reports on the Vermont divorce court handling Garrido v. Krasnansky. The court ordered the husband to stop posting blog items about his wife and their crumbled marriage, possibly turning an ordinary divorce into a much broader…

The Michigan Court of Appeals is publishing its decision in Thornton v. Thronton (January 3, 2008, Case No. 270931). The per curiam decision held (excerpt): In this domestic relations action, plaintiff appeals by leave granted two orders signed by the…

The Michigan Court of Appeals is publishing Surman v Surman (Case No. 276615, 12/4/2007), which addresses children as witnesses (excerpt): While courts should seek to avoid, trial court may call child to testify in court about his or her allegations…

Proving best interests for change in custody Dumm v. Brodbeck, Mich.App., July 19, 2007: Defendant failed to establish by clear and convincing evidence that a change in custody was in Gwyneth’s best interest. Defendant alleged that plaintiff forced Gwyneth to…

The AP/New York Times reports on how some parents fail to fully plan their vacations (excerpt): The State Department denies passports to noncustodial parents who owe more than $2,500 in child support. Once the parents make good on their debts,…

In two recent decisions by the Michigan Court of Appeals, the trial court’s findings of continued troublemaking by one parent led to changes and restrictions on that parent’s custodial and parenting rights. Roodvoets v. Royce: The trial court changed custody…

AP and CNNnotes the Chicago judgment awarding one of the biggest divorce verdicts in U.S. history. Maya Polsky was awarded $184 million in her divorce from Michael Polsky. The AP writes (excerpt): “They would walk together after dinners, and Michael…

The Michigan Court of Appeals is publishing Sinicropi v. Mazurek (Case No. No. 268000, December 7, 2006). The court held that an acknowledgement of paternity precludes entry of an order of filiation. Judge Murphy writes (excerpt): We hold that an…

The AP reports on U.S. District Judge David Lawson’s dismissal of the lawsuit filed to declare Matthew Dubay’s child support obligation to Lauren Wells, his ex-girlfriend, unconstitutional (excerpt): But Lawson disagreed and rejected Dubay’s argument that Michigan’s paternity law violates…

The Michigan Supreme Court issued its decision in Sweebe v Sweebe (April 26, 2006, Docket No(s) 126913), holding that life insurance benefits can be waived by signing a judgment of divorce. Justice Cavanagh wrote: The issue in this case is…

Cornell Law School is previewing Monday’s Supreme Court arguments concerning 911 calls/statements at the scene and domestic violence, in the wake of Crawford v. Washington, 541 U.S. 36. Davis v. Washington (05-5224): The trial judge allowed into evidence a 911…

The Michigan Supreme Court issued its per curiam opinion in People v. Monaco (Case No. 126852, 2/1/2006). All seven justices agreed that the statute of limitations for felony non-support is the six year “catch-all” period in MCL 767.24(5). The justices…

The ABA e-Journal explains how grandparenting time laws have fared after the United States Supreme Court’s decision in Troxel. Geri L. Dreiling writes (excerpt): According to Washburn University law professor Linda Elrod, who is also the editor of the Family…

Michigan’s Child Support Amnesty Program will run from October 1, 2005, through December 31, 2005 and seeks to collect past-due support by stopping criminal or civil child support enforcement penalties during the program (excerpt): * To be eligible for the…

The ABA’s Litigation News features “Change in Deposition Testimony Leads to Preclusion,” by Joseph Beckman. The article links to two additional articles: E. Phelps Gay, Professionalism in Depositions: The Sound of Silence, Louisiana State Bar Ass’n, Professionalism and Quality of…

The AP is reporting on developments in Lebanon, Tennessee, a suburb of Nashville, where a family court judge ordered a Mexican immigrant mother to learn English at risk of losing her child (excerpt): [Felipa Barrera] said she loves her daughter…